General terms and conditions

General terms and conditions for Skitude’s mobile apps and its associated websites.

1 - Welcome!

By using Skitude’s apps and website, as well as creating and using a Skitude account you agree to have read, understood and accepted Skitude’s general terms and conditions, our privacy policy and our cookies policy.

1.1 - Who are we?

The information and communication system offered in this mobile app, or related web, is a Skitude development. Skitude is a registered brand of Skitude Technologies, SL., registered in the Mercantile Register Office of Barcelona, Spain, Volume 44312, Document 123, Page number B-452473, 1st Inscription with Tax Id Code B-66281593, has its registered office in C/Bruc 20, Tordera (08490), Barcelona, Spain and its offices in C/Bruc 23-25, Riudellots de la Selva (17457), Girona, Spain. From now on referred as Skitude.

1.2 - Acceptation of the general terms and conditions

By creating your user account in the mobile app and/or website, and selecting the ‘Accept terms and conditions’ box: (i) you commit to comply with these terms and conditions (from now on T&C), and (ii) you consent that Skitude uses your personal data in the terms described in point 4 'Treatment of users personal data' of the present T&C. The T&C are undividable and must be totally accepted.

1.3 - Modification of the terms and conditions

Skitude reserves the right to modify, any time, the T&C, the features of its mobile apps and/or website as well as the service offered. Skitude commits to announce this change using the means considered more convenient. Skitude reserves the right to add new payment services in its mobile apps and/or website.

2 - Service usage

2.1 - User account

In order to subscribe and benefit of the mobile and web service offered by Skitude, every user must create a user account, providing its personal data, needed in order to provide the service. In order to create a Skitude account you need to be of legal age. By creating a Skitude account you certify that you are of legal age.

2.2 - Services provided

Skitude is a monitoring, gamification and sharing digital platform of winter sports and outdoor experiences based on a website and a set of mobile phone apps available for smartphones.

Skitude’s offering is complemented with a set of location and navigation services specially designed for mountain destinations, as well as information of ski resorts worldwide.

Information services: Skitude’s mobile applications and website provide real-time and geolocated information of ski resorts around the world: lifts and slopes opening state, snow condtions, weather forecast, etc. Skitude’s mobile apps and website are thus the mean trough which the information is transmitted but not the source that generated the content. Therefore Skitude indicates by the means deemed appropriate which is the source of information in each case, while remaining exempt from any liability if the information provided is not sufficiently close to reality.

Monitoring Services: Skitude Mobile applications record all relevant skiing, snow or other outdoor activities data (distance, altitude, elapsed time, average speed, maximum speed, and skiing) in the same device. These data (tracks, photos, contacts and statistics) is stored on the user's mobile device and can also be uploaded directly to the cloud, sharing it with the community and publishing it in the Skitude user profile, accessible from skitude.com.

It should be taken into account that, in order to register the activity data, the GPS device data is used, Skitude being exempt from liability if it does not work properly, if it is not enabled, or does not provide accurate geographic data.

Gamification Services: Skitude makes it easy to host competitions at your ski and mountain resort, based on the tracks, photos and the statistics recorded by the users, as well as competitions sponsored by commercial brands, typically for equipment. To find out about the types of contests and competitions, and the way their work, see the specific conditions for Challenges and for Timed Routes, both of which can be found below.

Sharing services for social networks and other media Skitude lets you share the content created at your ski and mountain resort, via Facebook, Twitter, Skitude, WhatsApp, email, etc.

Location services and navigation: Skitude provides a set of positioning and navigation tools specially designed for use on the mountain: SOS emergency service call, putting the user in touch with the emergency services and providing the coordinates of its location; map contacts locator, point of interest finder, etc. In any case, these tools are for guidance only and should always be contrasted with other information systems available to the user. Skitude will be exempt from any liability in case of accident, or disorientation of the user.

Custom communication services: Through Skitude’s mobile applications, users can receive push notifications, after giving their authorization, with information of interest related with winter and snow activities. Likewise the user authorizes to receive newsletter type mailings from ski resorts and / or Skitude. The user will be able to opt out when receiving newsletters.

Correct use of our services: As a user, you commit yourself to make proper, diligent and lawful use of our services, which means that, among other things.

(i) You will use the services for the purposes for which they are intended and you will refrain from any use of the Skitude website, apps and / or its contents that is contrary to law, public order, moral or generally accepted good practices; therefore, you may not host, store, disclose, publish, distribute or share any materials or information that is illegal, racist, obscene, pornographic, abusive, deceptive, fraudulent, nor use the service to intimidate, threaten or violate the image or harass other users.

(ii) will respect the rights of intellectual property services and content, as well as those belonging to Skitude.

(iii) No person may introduce viruses, corrupted files or programs that may damage or alter Skitude’s contents, programs or systems.

(iv) You may not use the service to send advertising or commercial communications, without the express consent of Skitude.

(v) You may not request personal information or passwords of other users of the platform, create a false identity or create a profile on behalf of another person.

(vi) Skitude will not be held responsible for the content and images posted by its users. As stated in clause 3 below, if Skitude identifies content that is not likely to be published, it reserves the right to remove it.

(vii) Skitude reserves the right to remove or invalidate any activity meant to falsify or distort the personal statistics or challenge results.

This App, its Disclaimer and Terms and Conditions are subject to the applicable Spanish legislation.

3 - Interruption and suspension of access to the mobile applications and or website service

In the case of failing to comply with these Terms, and Conditions you acknowledge and agree that Skitude may, at any time and without notice, suspend or discontinue, temporarily or permanently, all or part of the service offered by the mobile application and / or website (including your account user).

4 - Management of user personal data & privacy policy

4.1 - General dispositions

Personal data collected by the mobile applications and/or website, or by any other means, your location and activity on our platforms, including the IP address from which you connect (stored for security and fraud purposes), will be collected and managed in files for which Skitude Technologies, SL is responsible, in accordance with Organic Law 15/1999 of December 13, concerning Personal Data Protection (OLPD), and Regulation (EU) 2016/670 regarding General Data Protection, based upon your consent, in order to manage all aspects of our business and contractual relationships, including the sending of commercial communications (inclusive of emails). The social features of Skitude allow you to share your information with other platform users, ski resorts and retailers located in different countries worldwide, even outside of the European Union. This privacy policy explains how we treat your personal information, as well as your access permissions, rectification, cancellation, and other data protection rights.

4.2 - Responsibility for how your data is managed

Skitude Technologies, SL is responsible for how your data is managed, as set out in the "About Us" section of the general conditions. Furthermore, you may contact Skitude's data protection representative by sending an email to dpd@skitude.com

4.3 - Purpose and legitimacy of your data management, recipients of the information and international transferability

Your personal data collected through mobile applications and/or website, or any other means, your location and activity on our platforms, including the IP from which you connect (for reasons of security and fraud), and other necessary data, are used to provide you our services.

When you register for Skitude, or make use of Skitude's functions, from a sponsored APP or a ski resort's APP, as well as when participating in a challenge or timed route, or define a ski resort as a favorite, you are authorizing the transmission of your data to the ski resort or any commercial partner. If you do not agree, you cannot use the sponsored APP or participate in challenges or timed routes, but you may still use other Skitude services, including the website and the official Skitude APP.

4.3.1. Localization

If you use a mobile APP to access Skitude's services, you have the option of using the device's localization service to share your position with your Skitude contacts. Your location is also used to show you relevant information and advertising.

4.3.2. Sharing your data with Skitude users

The social and recreational (gaming) component of Skitude entails the sharing of certain profile information that will be visible to other platform users (including your name, avatar, runs, position rankings, etc.). It will also, in general, be seen by all Internet users, as well as search engines that potentially collect information from Skitude. You should be aware that once posted on the Internet, it is difficult to maintain control of your information, so we recommend you do not share information of sensitive nature, or that you would prefer to keep private, on the platform.

You can choose to share your profile information with those persons with whom you connect via Skitude, or even with all platform users. If you prefer, you may keep your profile information private, so it is not accessible to other users.

4.3.3. Commercial information shared electronically

When you register, we ask for your consent to send you commercial information electronically. You may opt-out from receiving these types of correspondences at any time.

In any case, using SKITUDE, either via the website, or any related APPS, implies accepting to receive commercial partner-related advertising. If you do not agree, you should not use these services.

4.3.4 Commercial information through APP notifications

When you allow Skitude APPS to send you notifications, you authorize the reception of this type of commercial information. If you do not agree, you can set your device to prevent any APP notifications.

4.3.5. Connecting with ski resorts

Skitude reserves the right to transfer all or part of your personal data to the ski resort and mountain in which you have expressed potential interest via any of the following ways: (i) you have downloaded any of their mobile applications, or ii) you have registered for Skitude via the ski resort's website or mobile application, or (iii) you have defined the ski resort in question as a favorite in your profile, or (iv) you have accepted to participate in a challenge or timed route sponsored by the ski resort.

4.3.6. Participation in challenges and promotions

To participate in specific sponsored sections, your consent is required to communicate your details to the sponsor for commercial purposes, as well as to assist in prize delivery when applicable.

4.3.7. Connecting to social networks and third-party online platforms>

Certain APPs and services allow you to connect to social networks and third-party online platforms. Your explicit consent is required in order to exchange data between Skitude and any third-party platform, and you must also agree to the corresponding privacy policy.

4.3.8. Registering via Facebook

You can register for Skitude from your Facebook account. The advantage is that Skitude can recognize you as a Facebook user without the need to re-enter your password, enabling you to share your profile content on that social network.

When you sign up from Facebook, you agree that Facebook can furnish certain information such as your name, email, Facebook user id, photographs and other information contained in your Facebook profile. All of this data will be incorporated into Skitude's files.

4.3.9. International data transfer

Skitude is a platform available worldwide which allows you to share your information with people around the world, a fact you accept. Furthermore, when you connect with ski resorts, sponsors or social networks outside the European Union, you acknowledge that your information will be transferred internationally. We are informing you that outside of the European Union, not all countries have regulation in place that will protect the privacy of your information.

4.4 - Time limit for data storage

Your data will be kept indefinitely, unless you request its removal. In addition, data will be stored when required by applicable laws.

4.5 - Updating personal information

You commit to ensuring that your personal data is up-to-date, and also agree that said data is accurate, complete and not misleading. You can, at any time, update your data via the mobile application or website.

4.6 - Data protection rights

You can exercise your rights of access, rectification, cancellation, opposition, limitation and transferability in relation to the treatment of your personal data, including being opposed to receiving any advertising sent from Skitude or ski resorts, and the transfer of your data stored at Skitude. To do so, it must be submitted in a structured format, either by sending us a written letter or email to info@Skitude.com with the reference "OLPD", accompanied by a copy of your I.D. (government issued identification) and indicating:

You also have the right to make a claim to the data protection supervisory authorities.

5 - Cookies

We use third-party owned and analytical use of our services, collection of your activity online advertising tailored to your interests, content sharing on your other social networking profiles cookies.

When you use our services, websites and APPS, with cookies and other mechanisms activated in your local storage device, we understand that you agree to use according to our cookies policy.

Remember that you can allow, block or remove cookies and other stored data and delete your browsing history, anytime through your settings and terminal device or your Internet browser.

None of these cookies can access your personal data, or your personal information, and, also, to your hard drive. Likewise, we inform you that use monitoring tools (like Google Analytics), which collect anonymous usage data that you do for our services.

For more information and configuration changes, please refer to our cookies policy.

6 - Intellectual property rights and industrial

'Skitude' is a Spanish national mark registered number 10453306 in Classes 38, 41 and 42, held by Skitude All logos and distinctive signs are accompanying Skitude own creations which holds about them, and exclusively, all rights intellectual and / or industrial property rights granted by the law.

Also, the design of the whole site and all its content (text, graphics, logos, drawings, photographs, software, source code, etc.) are the exclusive property of Skitude who are, in its entirety, all intellectual property rights and / or industry to the same stem, in its entirety (ie all the legal duration of such rights for a worldwide scope and to any and all forms of exploitation) or, alternatively, they have been licensed for exploitation by their rightful owners.

It is, therefore, strictly prohibited exploitation (reproduction, distribution, public communication, making available to the public and / or transformation, including translation) of all Site contents subject of intellectual property by any means, without a prior authorization, granted in writing from Skitude. All this, under civil and criminal penalties under the law.

7 - Responsibility Skitude

Skitude reserves the right to temporarily interrupt access to the Site at any time and without notice, when necessary for technical, security, control, and maintenance.

Skitude not responsible for

Interruptions, delays or malfunctions of the Site as well as any damages that may result from these, arising from causes beyond its control (including power failure, lack of access to communication networks, hackers, viruses or other harmful elements), Force Majeure, or guilty or willful misconduct of the user.

The damages of any nature arising from the lack of truthfulness, accuracy, completeness and / or timeliness of the information provided by the user.

The damages of any kind arising from the User's access to third party sites to which they have been able to send through links provided on the Website: In this sense, the links provided are intended to inform you of other sources of information or data provided expanded information on our Site and, while we always try to refer to reliable sources, these sites are the property and responsibility of their respective owners.

8 - Special Conditions for the Challenges

WHAT ARE CHALLENGES?

Challenges are competitions designed to promote snow and mountain activities, both at a worldwide and local level. As an added bonus, challenges allow you to win prizes.

Snow and mountain activities carry a risk. When you participate in these challenges, remember that your safety and that of others is the number one priority. In any case, your participation in the challenges is at your own risk.

WHO PROMOTES AND SPONSORS THEM?

Challenges can be promoted by ski and mountain resorts, Skitude itself, or can be sponsored by commercial brands, typically for equipment.

HOW CAN I PARTICIPATE?

You must be 18 years of age or older to participate.

Taking part in the competitions is absolutely free, and you must be logged into a My Skitude account.

Participation can be manual or automatic. In this sense, if you register your activity with the Apps, you will automatically enter the ranking of the different challenges and the resort you are at. Only in the challenges sponsored by commercial brands will participation always be manual.

Important! Before signing up for a challenge, make sure you have the latest version of the mobile application, and your device's GPS enabled.

HOW ARE THE WINNERS CHOSEN?

The rankings and winners are based on the statistics calculated by Skitude, taking into account the GPS data recorded by the applications that are compatible with My Skitude.

Synchronization of GPS tracks and photos with the Skitude Cloud, and their publication on the Skitude social network, is done automatically when the mobile device has sufficiently strong Internet connection.

Once enrolled on a challenge, only the GPS tracks and/or photographs published on Skitude during the validity interval of the challenge will be entered in the competition. Skitude will not be liable for the problems arising from the acquisition and transmission of the data.

In case of a tie between results, the classification order is determined based on the date the registration/milestone was achieved: from the oldest to the most recent.

Skitude guarantees fair play by validating the results of the winner, in order to ensure that the challenge requirements are met. If it is considered that they are false or fraudulent, a new winner will be chosen, and so on. Skitude reserves the right, during the course of the challenge, to make the validations it considers appropriate and the corresponding adjustments to the results.

HOW ARE THE WINNERS ANNOUNCED?

The winners will be notified via the email address linked to their My Skitude account profile and will be announced publicly by the channels available in each case.

PROCESSING OF PERSONAL DATA IN THE CHALLENGES

The personal data of the participants are part of the Skitude files. Furthermore, participation in the competition requires mandatory acceptance of:

The General Conditions of Use and Privacy Policy of Skitude

The release of identity and image both in communication channels and profiles on Skitude social networks, and in those of the competition's promoter, including the public communication of the winners.

The communication of participants' data, including user name and contact data, to receive the Newsletter/commercial info from sponsors.

Providing the data of the winner to the sponsor in order to be contacted and sent the prize

WHO AWARDS THE PRIZES?

The promoter or sponsor of the challenge will be responsible for delivering the challenge prizes, and there may be modifications based on stock. The prizes will be delivered in the way they see fit. We remind you that the number of prizes in each case is limited, and that under no circumstances will the prize be replaced by its value.

PLEASE BEAR IN MIND

That Apple is not a sponsor, nor is it involved in any way.

9- Special Conditions for the Timed Routes

WHAT IS A TIMED ROUTE?

Timed routes are a type of challenge, or in order word, a competition designed to promote the area where they are held through healthy physical activity.

Snow and mountain activities carry a risk. When you participate in these challenges, remember that your safety and that of others is the number one priority. In any case, your participation in the challenges is at your own risk.

WHO PROMOTES AND SPONSORS THEM?

The timed routes can be promoted by ski and mountain resorts, Skitude itself, or can be sponsored by commercial brands, typically for equipment.

HOW CAN I PARTICIPATE?

You must be 18 years of age or older to participate.

Participation in the timed routes is absolutely free, and you must be logged into the My Skitude account through the app.

Participation will be manual through the reading of the QR code which you find at the start of the route, always following the instructions on the noticed, or can also be automatic. In this sense, if you register your activity with the Apps, you will automatically enter the ranking of the timed route if you have completed the entire route.

The route will have an associated ranking, where the best times of each of the participants will be shown, as long as their participation has been correctly registered and synchronised.

Important! Before signing up for a challenge, make sure you have the latest version of the mobile application, and your device's GPS enabled.

HOW ARE THE WINNERS CHOSEN?

The winner is the one who registers the fastest time in each category.

The rankings and winners are based on the statistics calculated by Skitude, taking into account the GPS data recorded by the applications that are compatible with My Skitude.

Synchronization of GPS tracks is done automatically when the mobile device has sufficiently strong Internet connection.

Once enrolled on a challenge, only the GPS tracks during the validity interval of the challenge will be entered in the competition. Skitude will not be liable for the problems arising from the acquisition and transmission of the data.

In case of a tie between results, the classification order is determined based on the date the registration/milestone was achieved: from the oldest to the most recent.

Skitude guarantees fair play by validating the results of the winner, in order to ensure that the challenge requirements are met. If it is considered that they are false or fraudulent, a new winner will be chosen, and so on. Skitude reserves the right, during the course of the challenge, to make the validations it considers appropriate and the corresponding adjustments to the results.

HOW ARE THE WINNERS ANNOUNCED?

The winners will be notified via the email address linked to their My Skitude account profile and will be announced publicly by the channels available in each case.

PROCESSING OF PERSONAL DATA IN THE TIMED ROUTES

The personal data of the participants are part of the Skitude files. Furthermore, participation in the competition requires mandatory acceptance of:

The General Conditions of Use and Privacy Policy of Skitude

The diffusion of identity and image both in communication channels and profiles on Skitude social networks, and in those of the competition's promoter, including the public communication of the winners.

The communication of participants' data, including user name and contact data, to receive the Newsletter/commercial info from sponsors.

Providing the data of the winner to the sponsor in order to be contacted and sent the prize

WHO AWARDS THE PRIZES?

The promoter or sponsor of the timed route will be responsible for delivering the challenge prizes, and there may be modifications based on stock. The prizes will be delivered in the way they see fit. We remind you that the number of prizes in each case is limited, and that under no circumstances will the prize be replaced by its value.

PLEASE BEAR IN MIND

That Apple is not a sponsor, nor is it involved in any way in the organisation of the challenges.

10 - Communications

Skitude any communication may be by any of the following channels

By e-mail to: info@skitude.com.

Via web form.

11 - Applicable Legislation and Jurisdiction

The present Conditions and the relations between Skitude and the users will be governed by Spanish Law, except in the case of consumer rights in which the mandatory jurisdiction of the courts corresponding to the domicile of the consumer will be applied. Personal data is processed by Skitude according to Organic Law 15/1999 on Personal Data Protection.

Modification Date

These conditions are dated 01/01/2018.

Record of Changes

We clearly state that it is necessary to accept the conditions of Skitude when using the Skitude website or any of the linked APPS or websites.

We point out that the controller of the personal data of users is now the company Skitude Technologies, SL.

We clearly state that when you register or use Skitude via the APP sponsored by a brand, or similarly when you do so via the APP of the ski resort, you authorise the disclosure of your data to the sponsor for commercial purposes.

We have collected the conditions for participation in the challenges and timed routes. You must authorise the disclosure of your date to the sponsor for commercial purposes in order to participate.

We clarify the reasons for invalidating user activity in “Correct use of our services”